#PWDV Act

The Calcutta High Court quashed lower maintenance orders, ruling that any award under the PWDV Act must be grounded in sworn affidavits of both parties’ assets and liabilities. The decision forces litigants in domestic violence cases to furnish full financial disclosures before maintenance can be granted, impacting spouses and children seeking support.

The Calcutta High Court ruled that overlapping maintenance under the PWDV Act and Hindu Marriage Act must be set-off to prevent double recovery, and that PWDV welfare proceedings cannot be quashed for procedural lapses, protecting recipients and children’s interests.

The Karnataka High Court ruled that interim maintenance under the PWDV Act cannot be granted solely on ex parte affidavits. Courts must record evidence to assess financial capacity and need before awarding maintenance, ensuring fairness to both parties. This sets a precedent for evidence-based adjudication in domestic violence cases.

Calcutta High Court rules that courts must assess the earning capacity of both spouses under the PWDV Act before granting ad-interim maintenance, regardless of professional standing. Failure to follow Rajnesh v. Neha's disclosure mandate renders maintenance orders void, though child maintenance remains absolute.

Karnataka High Court holds that Section 21 of the Protection of Women from Domestic Violence Act overrides general custody laws, mandating immediate interim custody of young children to the mother in domestic violence proceedings. The ruling clarifies that parallel proceedings under the Guardians and Wards Act are not required for such relief, ensuring swift protection for affected mothers and children.